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Criminal Law of the Republic of Moldova - AI Search

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Criminal Law of the Republic of Moldova - AI Search

Сriminal law is the set of legal norms defining crimes, regulating the prosecution of offenders, and establishing punishments.

It prohibits behavior perceived as threatening, harmful, or otherwise endangering the property, health, safety, and well-being of people, including oneself. Criminal law includes punishment for actions harmful to society, such as theft, assault, or murder.

Criminal law of the Republic of Moldova consists of two main laws:

The Criminal Code of the Republic of Moldova consists of the General Part (the concept of crime, punishment) and the Special Part (the specific elements of crimes).

Extracts:

Criminal Code and Principles of its Application

  • Article 1. Criminal Law of the Republic of Moldova
    (1) This Code is the only criminal law of the Republic of Moldova.
    (2) Criminal law is a legislative act that contains legal norms establishing general and special principles and provisions of criminal law, defines acts constituting crimes, and provides for the penalties applicable to offenders.
    (3) This Code is applied in accordance with the provisions of the Constitution of the Republic of Moldova and international instruments to which the Republic of Moldova is a party. In the event of any inconsistencies with international conventions and acts on fundamental human rights, the provisions of international instruments shall prevail and be directly applied.
  • Article 2. Objectives of the Criminal Law
    (1) Criminal law shall protect the individual, his or her rights and freedoms, property, the environment, the constitutional order, the sovereignty, independence and territorial integrity of the Republic of Moldova, peace, human security, as well as the entire legal order from crime.
    (2) Criminal law shall also aim to prevent the commission of new crimes.

Basic principles of the criminal law of the Republic of Moldova

  • Article 3. Principle of legality
    (1) No one may be declared guilty of committing a crime or subjected to a criminal punishment, except on the basis of a court decision and in strict accordance with the criminal law.
    (2) Extensive unfavorable interpretation and application by analogy of the criminal law are prohibited.
  • Article 4. Principle of humanism
    (1) The entire legal regulation is intended to protect, as a priority, the person as the supreme value of society, his rights and freedoms.
    (2) Criminal law does not pursue the purpose of causing physical suffering or harming human dignity. No one may be subjected to torture, or to cruel, inhuman or degrading punishment or treatment.
  • Article 5. The principle of democracy
    (1) Persons who have committed crimes are equal before the law and are subject to criminal liability without distinction as to sex, race, colour, language, religion, political or any other opinion, national or social origin, membership of a national minority, property, birth or any other status.
    (2) The defence of the rights and interests of a person cannot be achieved by violating the rights and interests of another person or a group.
  • Article 6. The principle of the personal nature of criminal liability
    (1) A person is subject to criminal liability and criminal punishment only for acts committed with guilt.
    (2) Only a person who has committed an act provided for by criminal law intentionally or through negligence is subject to criminal liability and criminal punishment.
  • Article 7. The principle of individualization of criminal liability and criminal punishment
    (1) When applying the criminal law, the nature and degree of prejudiciality of the committed offense, the person of the guilty party and the circumstances of the case that mitigate or aggravate criminal liability shall be taken into account.
    (2) No one may be subjected to criminal prosecution and criminal punishment twice for one and the same act.
  • Article 8. Action of the criminal law in time
    The criminal nature of the act and the punishment for it shall be established by the criminal law in force at the time of the act.

The main Legal basis of the Republic of Moldova



  General Part. Chapter I. The Criminal Code and principles of its application  
⚖ Criminal Law of the Republic of Moldova 
⚖ Objectives of the Criminal Law 
⚖ Principles of Criminal Law 
⚖ Temporal Application of Criminal Law 
⚖ Time of the Act 
⚖ Retroactive Effect of Criminal Law 
⚖ Application of a More Favorable Criminal Law in Final Punishment 
⚖ Application of Criminal Law in Space 
⚖ Place of Commission of the Act 
⚖ Extradition 


  General Part. Chapter II. Crime  
⚖ The concept of a crime 
⚖ Degree of Harmfulness of a Crime 
⚖ Classification of Crimes 
⚖ A Crime Committed Intentionally 
⚖ Crime Committed by Negligence 
⚖ A Crime Committed with Two Forms of Guilt 
⚖ Innocent Act (Unforeseen Event) 
⚖ Subject of the Crime 
⚖ Sanity 
⚖ Insanity 
⚖ Limited Sanity 
⚖ Stages of Criminal Activity 
⚖ Preparation for a Crime 
⚖ Attempted Crime 
⚖ Single Crime 
⚖ Continuing Crime 
⚖ Continuing Crime 
⚖ Multiple Offenses 
⚖ Cumulative Crimes 
⚖ Recidivism 


  General Part. Chapter III. Circumstances eliminating the criminal nature of the act  
⚖ Circumstances eliminating the criminal nature of the act 
⚖ Self-defense 
⚖ Apprehension of the offender 
⚖ State of extreme necessity 
⚖ Physical or psychological coercion 
⚖ Justified risk 
⚖ Execution of the order or disposition of the superior 


  General Part. Chapter IV. Participation  
⚖ Participation 
⚖ Participants 
⚖ Forms of participation 
⚖ Simple Participation 
⚖ Complex participation 
⚖ Organized criminal group 
⚖ Criminal organization (association) 
⚖ Excess of the author 
⚖ Favouring 


  General Part. Chapter V. Criminal liability  
⚖ Criminal Liability 
⚖ Grounds of Criminal Liability 
⚖ Component of the offense 


  General Part. Chapter VI. Release from criminal liability  
⚖ Release from criminal liability 
⚖ Release of criminal liability of minors 
⚖ Release from criminal liability with holding to contravention liability 
⚖ Release from criminal liability in connection with voluntary renunciation of the commission of an offense 
⚖ Release from criminal liability in connection with active repentance 
⚖ Release from criminal liability in connection with a change in the situation 
⚖ Conditional release from criminal liability of an individual 
⚖ Conditional release from criminal liability of a legal entity 
⚖ Prescription of criminal liability 


  General Part. Chapter VII.Criminal punishment  
⚖ The concept and purpose of criminal punishment 
⚖ Categories of punishments imposed on natural persons 
⚖ Categories of penalties applied to legal persons 
⚖ Fine 
⚖ Deprivation of the right to hold certain positions or to exercise a certain activity 
⚖ Deprivation of the right to drive means of transport or cancellation of this right 
⚖ Withdrawal of a military or special rank, a special title, a qualification degree (classification) and state distinctions 
⚖ Unpaid community service 
⚖ Prison 
⚖ Life imprisonment 
⚖ Categories of prisons where imprisonment is served 
⚖ Liquidation of a legal entity 
⚖ Deprivation of a legal entity of the right to exercise a certain activity 
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